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B. D. GUPTA, V. BHARGAVA
State of Uttar Pradesh – Appellant
Versus
Madan Mohan Nagar – Respondent
JUDGMENT
V. Bhargava, J. - This is an appeal filed by the State of Uttar Pradesh against a judgment of a learned single Judge of this Court allowing a petition under Article 226 of the Constitution. By his judgment the learned single Judge quashed an order of compulsory retirement of the respondent.
2. The respondent, Madan Mohan Nagar, was first appointed in 1931 on one year's probation to the post of the Custodian, Sarnath Museum, Banaras, under the Archeological Department of the Government of India. In 1939 his services were lent to the U.P. Government, and he was appointed on the re-commendation of the Provincial Public Service Commission, as Curator of the State Museum, Lucknow, on a scale of pay of Rs. 250/- to Rs. 850/-. In the year 1953 the State Government decided to upgrade the post of Curator to a post of Director, State Museum, Lucknow, in the U.P. Educational Service (Senior Scale). After upgrading the post, the respondent was appointed to it. Thereafter, the respondent continued in service holding this post of Director, State Museum, Lucknow, until he was compulsorily retired by the order of the Governor dated the 28th July, 1960. The order directed his compulsory ret
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